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B.C. city dumps controversial bylaws banning public drug consumption

‘Due to recent events’ Campbell River to look for other ways to deal with public impairment problem
The City of Campbell River. Mirror file photo

Campbell River has dropped its controversial plan to ban public drug consumption.

City council has directed city staff to come up with other options to tackle disruptive behaviour in the city’s downtown associated with addiction, mental health and homelessness.

It took a bit of terse procedural protocol Thursday, Feb. 23 but council dropped two controversial bylaws that were passed on Jan. 26 banning public consumption of illegal drugs and imposed a fine of up to $200.

Those bylaws resulted in a court challenge from Pivot Legal Society out of Vancouver which filed a petition in B.C. Supreme Court on Feb. 10 asking for a declaration that the bylaws were ultra vires or out of the city’s jurisdiction and were “unreasonable, contrary to the provisions of the Local Government Act and Community Charter and are invalid.”

The petition also sought an order quashing the bylaws, an interim injunction restraining the city from enforcing the bylaws, an order for the costs of the proceeding and “such further and other relief as this Honourable Court deems just.”

READ MORE: City of Campbell River’s bylaw banning public drug consumption challenged in court

The bylaws were passed in anticipation of a Jan. 31 Health Canada exemption to the Province of British Columbia – at the province’s request – that removed criminal sanctions for adults in B.C. who possess certain illicit substances up to a total of 2.5 grams for their own use.

READ MORE: City of Campbell River prepares for decriminalization by passing ban on public drug consumption

On Feb. 23, council passed a motion to “reconsider” adoption those bylaws.

Coun. Susan Sinnott then made a motion “that staff report back on further options to address the consumption of controlled substances in our public spaces.”

B.C. has become the testing ground for the decriminalization of narcotics and opioids with the exemption – requested by the province to help grapple with the toxic drug crisis – taking effect Jan. 31. The federal exemption will last three years and covers illicit versions of opioids such as heroin, morphine and fentanyl, as well as crack and powder cocaine, methamphetamine; and MDMA (ecstasy).

For the past few years, Campbell River, like many communities in the province, has been wrestling with the problem of unruly behaviour and homelessness downtown associated with mental health and addiction.

Civic leaders have been frustrated by the inability to implement measures that have a meaningful impact on a situation that is technically a provincial responsibility. The bylaw amendments were the new council’s attempt to deal with problems experienced in the city’s downtown that has members of the public nervous about going into the city core over safety concerns.

Council also reversed a previous action that rejected receipt of a letter from Island Health Medical Health Officer, Dr. Charmaine Enns, urging council not to adopt the bylaws and reminded them that they are obligated to consult with her about bylaws impacting public health issues.

Dr. Enns’ letters were reintroduced to council for a motion to receive them which passed this time.

READ MORE: ‘Hasty’ drug use ban won’t serve community well– medical health officer says


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Alistair Taylor

About the Author: Alistair Taylor

I have been editor of the Campbell River Mirror since 1989. Our team takes great pride in serving our community.
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